If you’re a trucker and you’ve just been arrested for a DUI, you need to read this now
I became an Interstate Trucker in the early 1970s. I continued to work as a trucker in the Bay Area of Northern California as I worked my way through college and law school. I truly understand the problems that are unique to Truckers in California when arrested, and even worse, convicted by the DMV or in the Criminal case, or both. If it is a first-time DUI, EVEN IN YOUR OWN PERSONAL VEHICLE, you will lose your Class A license for one (1) year, and if a second DUI, no time limit, you will lose your Class A license for “LIFE”. That is correct: for “LIFE”. This does not mean stopped while driving in your truck, it is any DUI.
It doesn’t matter whether you were arrested driving a truck or your personal vehicle
Here is an example of a problem for a Commercial Truck Driver arrested and convicted for DUI in California. You have never been in trouble before. An excellent driving record. You go out to dinner on a Saturday night with your wife or husband, or a friend, and at dinner you have three (3) drinks over several hours. On the way home, you are stopped by the police for a minor traffic violation, changing lanes without signaling, or speeding five (5) miles above the speed limit, or a taillight out. Now, the officer asks you if you have been drinking. You, of course, being honest as you should be, say yes. So now, the officer has you do Field Sobriety Tests, and a roadside breath test (PAS), that you are not required to take (never take the Roadside breath test unless you are under 21 or on probation), and then you are arrested. You are given a choice of either a breath or blood test for your implied consent (required) test. Always take the blood test in my opinion, but it is up to you; if you are taking drugs, then you want the breath test, but the officer may make you take a blood as well. You only want one (1) test. Now, you are arrested and taken to jail.
The Blood Test and the DMV Hearing
According to your chemical test, you are a .11% Blood alcohol reading. The District Attorney charges you, and your lawyer is trying to get your charge reduced, but the DMV is also holding a hearing, and they DO NOT NEGOTIATE, so if you lose, you will lose your Commercial License for one (1) year. You must win both the Civil DMV and Criminal cases. If you are an Owner Operator, there goes your job, insurance, truck, house, and maybe your marriage. This is serious, and you need to consider this to be serious immediately.
Finding the right attorney to handle your case
Not all lawyers are equal. If you did not tell the officer where you were coming from, where you are going, admitted drinking, but just said a few and not exactly how many, did not take the breath test in the street, and a blood test, you are in better shape than you think with a good lawyer. Remember, NEVER TALK TO THE OFFICER, just answer the basic questions, don’t volunteer answers, and NEVER LIE; JUST DON’T ANSWER EXCEPT FOR THE BASICS. There is now 21st Century technology, called Integrated Technology (that not all lawyers have or have even been trained in) that can help you fight your blood case for alcohol or drugs. For example, I am one of only two lawyers in the San Francisco Bay Area that have this special software.
You have to protect yourself as much as possible because you have so much to lose as a professional truck driver with either a Class A or B License. If this has occurred to you, contact me immediately for a FREE CONSULTATION for an arrest anywhere in the Bay Area, and I also do limited cases anywhere in California.
I have successfully represented many TRUCK DRIVERS through the years. Each year the penalties get tougher and tougher. You cannot afford to wait. Contact me now, and start preparing to save your livelihood. Free Consultation call now : (510)346-6666.
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